Tampa Bay Buccaneers
Premium Ticket Terms (Suites, Legends Club, Hall of Fame Club)
This ticket is a revocable license that only grants a one-time entry into Raymond James Stadium ("Stadium") and a spectator seat (or if specified on the ticket, a standing location) for the specified game (the "Event"). No person, regardless of age, may enter the Stadium without a ticket, and re-entry is prohibited. Admission may be refused or withdrawn, or ticket holder ejected, in the sole discretion of the Tampa Bay Buccaneers ("Buccaneers"), Tampa Sports Authority ("TSA"), or the National Football League ("NFL") (collectively, the "Management"). The person seeking entry pursuant to this license, and any accompanying minor (collectively, "Holder"), agrees that this ticket is subject to these terms and conditions ("Terms") and by accepting and/or using this ticket, Holder is deemed to have read the Terms and agrees to be bound by them. Failure to comply with any of these Terms shall result in forfeiture of this license and all rights arising hereunder without refund and shall entitle the Management to pursue all legal remedies available. Admission may be refused or revoked and Holder may be ejected in the sole discretion of Management.
All prior agreements between the Holder and Buccaneers shall remain in effect unless superseded by these Premium Ticket Terms. Should a conflict arise between these Premium Ticket Terms and Holder's written agreement with the Buccaneers (e.g., Suite License Agreement, Legends Club Agreement, Hall of Fame Agreement), these Premium Ticket Terms shall prevail.
ASSUMPTION OF RISK. HOLDER VOLUNTARILY ASSUMES ALL RISKS, HAZARDS AND DANGERS arising from or relating in any way to the Event, including, without limitation, the risk of contracting a communicable disease or illness (including exposure to a bacteria, virus, or other pathogen capable of causing a communicable disease or illness), and the risk of lost, stolen or damaged property or personal injury of any kind (including death), whether occurring before, during, or after the Event, however caused, and hereby waives all claims and potential claims relating to such risks, hazards and dangers. AN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE WHERE PEOPLE ARE PRESENT, INCLUDING THOSE WITH OR WITHOUT MASKS AND ADDITIONAL PERSONAL PROTECTIVE EQUIPMENT ("PPE") OR IMPROPERLY USING MASKS OR PPE. COVID-19 IS AN EXTREMELY CONTAGIOUS VIRUS THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. ACCORDING TO THE CENTERS FOR DISEASE CONTROL AND PREVENTION, SENIOR CITIZENS AND THOSE WITH UNDERLYING MEDICAL CONDITIONS ARE ESPECIALLY VULNERABLE. BY ENTERING THE STADIUM, STADIUM GROUNDS, OR STADIUM PARKING AREAS, HOLDER VOLUNTARILY ASSUMES ALL RISKS RELATED TO EXPOSURE TO COVID-19, INCLUDING BUT NOT LIMITED TO EXPOSURE TO CARRIERS OF THE VIRUS WHO DO NOT HAVE SYMPTOMS OF COVID-19 AND/OR HOLDER TRANSMITTING THE COVID-19 VIRUS TO OTHERS DURING OR AFTER THE EVENT.
RELEASE, WAIVER AND COVENANT NOT TO SUE. On behalf of Holder and Holder's Related Persons (defined below), on whose behalf Holder represents it has the authority to act with respect to this Pass and the matters herein, Holder RELEASES, WAIVES, and COVENANTS NOT TO SUE each of the Released Parties (defined below) with respect to any and all claims, including for negligence and/or wrongful death, that Holder or any of Holder's Related Persons may have (or hereafter accrue), against any of the Released Parties, that relate to any of the risks, hazards and dangers described in the preceding paragraph, including without limitation any and all claims and damages of any kind or character that arise out of or relate in any way to (i) Holder's exposure to COVID-19; (ii) Holder's entry into, or presence within or around, an Event at the Stadium (including all risks related thereto, and including without limitation in parking areas or entry gates) or compliance with any protocols applicable to each Event; (iii) any interaction between Holder and any personnel of any of the Released Parties present at each Event; (iv) any act or omission on the part of Stadium or any of the Released Parties in connection with monitoring or policing protocols applicable to each Event, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise. Holder further represents and warrants that Holder's Related Persons have reviewed these terms and separately agreed to them. TO THE EXTENT THAT HOLDER OF ANY HOLDER'S RELATED PERSONS, OR PERSONS WHO CLAIM THAT THEY CONTRACTED COVID-19 FROM HOLDER OR HOLDER'S RELATED PERSONS, FILE A CLAIM, SUIT OR ARBITRATION AGINST ANY OF THE RELEASED PARTIES ARISING FROM OR RELATING TO THESE TERMS OR THE EVENT AT THE STADIUM, HOLDER HEREBY AGREES TO FULLY INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES AGAINST SUCH CLAIM, SUIT OR ARBITRATION TO THE FULLEST EXTENT PERMITTED BY LAW. IT IS ACKNOWLEDGED AND AGREED THAT THE RELEASED PARTIES ARE USING COMMERCIALLY REASONABLE EFFORTS TO ENSURE AND ENFORCE COMPLIANCE WITH APPLICABLE CDC GUIDELINES AND STATE AND LOCAL LAWS FOR PROTECTION AGAINST COVID-19 ("COVID-19 BEST PRACTICES"), HOWEVER, NOTWITHSTANDING, HOLDER AGREES TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FOR ANY FAILURE OF THE RELEASED PARTIES TO ENSURE OR ENFORCE ANY COVID-19 BEST PRACTICES.
As used herein:
· "Related Persons" means Holder's heirs, assigns, executors, administrators, next of kin, anyone attending the Event with Holder, including but not limited to minors for whom Holder is a parent or guardian (which persons Holder represents have authorized Holder to act on their behalf for purposes of the release herein), and other persons acting or purporting to act on Holder's or their behalf.
· "Released Parties" means: (i) Buccaneers Team LLC, Buccaneers Stadium LLC, Tampa Sports Authority, RJS Stadium, A Commercial Condominium Association, Hillsborough County, the City of Tampa, NFL Ventures, Inc., NFL Ventures, L.P., the National Football League and its other professional member clubs, and each of their respective direct and indirect affiliates, administrators, designees, licensees, agents, owners, officers, directors, general partners, partners, members, employees, contractors (and all employees of such contractors) and other personnel; (ii) the direct and indirect owners, lessees and sublessees of the Stadium and related Stadium grounds (including, without limitation, parking areas and entry gates); (iii) all third parties performing services at the Stadium and related Stadium grounds (including, without limitation, parking areas and entry gates), including but not limited to Legends Hospitality, LLC, Fanatics Retail Group Concessions, LLC, Sentry Event Services, Inc, and Performance Clean, LLC; and (iv) any parents, subsidiaries, affiliated and related companies and officers, directors, owners, members, managers, partners, employers, employees, agents, contractors, sub-contractors, insurers, representatives, successors and/or assigns of each of the foregoing entities and persons, whether past, present or future and whether in their institutional or personal capacities.
ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER; CHOICE OF LAW AND TORT CLAIM FORUM SELECTION. FLORIDA LAW, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES, GOVERNS THESE TICKET TERMS AND ANY CONTROVERSY OR CLAIM ARISING OUT OF OR IN ANY WAY RELATING TO THESE TICKET TERMS, OR BREACH THEREOF, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE CLAIMS OR OTHER TORT CLAIMS OF ANY KIND, STATUTORY CLAIMS OF ANY KIND OR ANY OTHER CLAIMS FOR RELIEF UNDER ANY OTHER LEGAL THEORIES.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL CLAIMS IN ANY WAY RELATING TO OR ARISING FROM HOLDER'S ENTRY INTO THE STADIUM, STADIUM GROUNDS, OR STADIUM PARKING AREAS SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY JAMS WITH A PANEL OF THREE (3) ARBITRATORS UNDER ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. SUCH ARBITRATION SHALL ADHERE TO JAMS' MINIMUM STANDARDS FOR ARBITRATION PROCEDURES, REMAIN CONFIDENTIAL, AND BE HELD IN TAMPA, FLORIDA.
NOTWITHSTANDING THE FOREGOING, ANY TORT OR TORT-RELATED CLAIM (INCLUDING BUT NOT LIMITED TO NEGLIGENCE CLAIMS AND STATUTORY CLAIMS) IN ANY WAY RELATING TO OR ARISING FROM HOLDER'S ENTRY INTO THE STADIUM, STADIUM GROUNDS, OR STADIUM PARKING AREAS SHALL BE LITIGATED IN A COURT OF COMPETENT JURISDICTION IN HILLSBOROUGH COUNTY, FLORIDA. EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL. FURTHER, EACH PARTY WAIVES THE RIGHT TO A COURT TRIAL WITH RESPECT TO NON-TORT CLAIMS HEREUNDER.
EACH PARTY AGREES THAT THEY WILL RESOLVE ALL DISPUTES ON AN INDIVIDUAL BASIS. THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY DISPUTE AGAINST ANY OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, WHETHER DURING BINDING ARBITRATION, OR LITIGATION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF COMPETENT JURISDICTION CONSTRUING THIS AGREEMENT TO BE AGAINST PUBLIC POLICY AND ANY RIGHTS TO PARTICIPATE IN, AND AGREES NOT TO PARTICIPATE IN, ANY CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, CONSOLIDATED ARBITRATION OR COURT PROCEEDING, OR ANY SIMILAR PROCEEDING, WITH RESPECT TO ALL CLAIMS HEREUNDER.
THE PREVAILING PARTY IN ANY PROCEEDING RELATING TO OR ARISING FROM HOLDER'S ENTRY INTO THE STADIUM, STADIUM GROUNDS, OR STADIUM PARKING AREAS SHALL BE ENTITLED TO RECOVER ITS ATTORNEYS' FEES AND COSTS, INCLUDING THE COSTS OF ARBITRATION OR LITIGATION AS THE CASE MAY BE, FROM THE OTHER PARTY TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND MANAGEMENT HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IN THE ACTIVITY IF YOU DO NOT SIGN THIS FORM.
Holder agrees that by use of the Ticket and entry into the Stadium and related Stadium grounds (including, without limitation, parking areas and entry gates), it shall be construed that Holder has read and consented to accept these Terms with the same force and effect as if Holder signed these Terms, including but not limited to, the form waiving and assuming the risk of inherent risks on behalf of a minor child.
FAN HEALTH PROMISE
Stay-at-home: Holder agrees that neither Holder, nor anyone in Holder's party, will attend any Event if any one or more of the following is true on the day of such Event:
· Within the prior 14 days, Holder has (or any person in Holder's party or with whom Holder has close contact has) tested positive for, or been exposed to someone who has tested positive for, COVID-19;
· Within the prior 48 hours, Holder has (or any person in Holder's party or with whom Holder has close contact has) experienced symptoms of COVID-19 (e.g., a fever of 100.4⁰F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, loss of taste or smell, nasal congestion, runny nose, vomiting, diarrhea, fatigue or any other symptoms associated with COVID-19 identified by the CDC);
· Within the prior 14 days, Holder has (or any person in Holder's party or with whom Holder has close contact has) travelled to any state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19.
TICKET POD INTEGRITY:
In order to maintain social distancing guidelines, Holder agrees to not sell, transfer or otherwise provide any of Holder's tickets to anyone other than family with whom Holder has been sheltering (or other trusted acquaintances), unless Holder is selling, transferring or otherwise providing all such tickets (i.e., Holder's full pod of tickets) to one party in accordance with these Terms.
If any provision of these Terms is determined to be invalid or unenforceable, such provision will be amended to the minimum extent necessary to make such provision enforceable and the remainder of these Terms will not be affected, but will continue to be valid and enforceable to the fullest extent permitted by law.
IF HOLDER ON BEHALF OF HIMSELF OR ANY RELATED PERSONS, OR ANY HOLDER'S RELATED PERSONS DO NOT CONSENT TO ALL OF THE TERMS IN ALL PARAGRAPHS SET FORTH ABOVE, SUCH PERSON MUST LEAVE OR NOT ENTER THE STADIUM OR RELATED STADIUM GROUNDS (INCLUDING, WITHOUT LIMITATION, PARKING AREAS AND ENTRY GATES). BY ENTERING ANY OF THESE AREAS, HOLDER AND HOLDER'S RELATED PERSONS AGREED TO THESE TERMS.
Revised September 2020